Last Modified: January 27, 2023
We may change these terms.
We deserve the right to change, remove, or add to the terms of this Agreement at any time. We will notify you by posting the updated Agreement on the Exist website. Usage of Exist’s website after such changes are made shall constitute your acceptance of the modified terms. However, when dealing with a dispute involving a prior Agreement, we will honor the Agreement terms that were in place when the dispute initially occurred.
THIS WEBSITE IS NOT AN EMERGENCY SERVICE OR A CRISIS RESPONSE SERVICE.
ANY PERSON WHO IS AT RISK OF HARMING THEMSELVES OR ANOTHER PERSON OR WHO IS IN DANGER OF HARM, DEATH, OR INJURY SHOULD IMMEDIATELY CALL 911 OR 988 AND/OR LOCAL CRISIS SUPPORT TEAMS. EXIST HAS NO ABILITY NOR OBLIGATION TO SUPPORT OR MONITOR CRISIS OR EMERGENCY COMMUNICATIONS MADE TO THIS WEBSITE.
THIS WEBSITE IS NOT A REPLACEMENT FOR PROFESSIONAL ADVICE, THERAPY, OR TREATMENT.
EXIST’S WEBSITE DOES NOT PROVIDE DIRECT CLINICAL SERVICES. ALL INFORMATION AND MATERIAL ON THIS WEBSITE IS FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY AND IT IS NOT TO BE USED TO TREAT OR DIAGNOSE ANY DISORDER OR CONDITION.
PLEASE CONSULT WITH A QUALIFIED AND LICENSED HEALTH CARE PROFESSIONAL ABOUT ANY QUESTIONS OR CONCERNS RELATED TO YOUR HEALTH. THIS WEBSITE IS NOT A REPLACEMENT FOR INDIVIDUAL AND PERSONAL ASSESSMENT.
There are age limitations for our website.
Our website and all Exist offerings are only suitable for people 18 years of age and older. Children under 13 are not permitted to use our website and we highly encourage people between the ages of 13 and 17 to view our website only after gaining consent from a parent or guardian. Exist does not accept liability for any website usage for individuals under the age of 18. By using this website you represent and warrant to us that you are at least eighteen (18) years old.
We may monitor your posts on our website.
Exist is under no obligation to review and/or monitor any comments, discussion board, or community messages posted on the website. However, we do reserve the right to monitor and disclose information from your posts as needed, and as applicable by law, to provide our services, protect ourselves and others, and comply with federal, state, and local requirements.
We have copyrights.
Exist owns and operates this website and all website and material rights are owned by Exist Centers, LLC. All rights are reserved. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Exist Centers, LLC.
Our website is not error-proof or 100% secure.
Exist has developed safety and security measures to help prevent unauthorized access to your personal information. Unfortunately, no data system is 100% secure and we cannot ensure nor guarantee the safety of the information we collect. Inputting personal information onto Exist’s website is at your own risk.
WE MAKE NO WARRANTIES.
USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EXIST, ANY AFFILIATED EXIST ENTITY, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “EXIST PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
EXIST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXIST WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU AGREE TO HOLD US HARMLESS.
BY VISITING THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EXIST AND EXIST PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED EXIST OF THE POSSIBILITY OF SUCH CLAIM
THERE ARE LIMITATIONS TO LIABILITY AND DAMAGES.
THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICES IS TO STOP USING THE WEBSITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF EXIST PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
You can make a dispute within 12 months of the cause of action.
We aim to address your concerns quickly and with excellent communication. Please contact us at [email protected]. If we cannot resolve the dispute, we agree to enter into individual arbitration.
Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues.
We agree to individual arbitration.
YOU ARE WAIVING YOUR RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST EXIST.
We will work together to arbitrate all disputes and all dispute arbitrations will be individual. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by ADR Services, Inc. according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Orange County, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Exist will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Exist also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.
Information provided on Exist’s website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This website is a service provided by Company and does not constitute any contact with any jurisdiction outside the State of California. Use of this website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the website illegal. Users in such jurisdictions visit and use this website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.
If you request information, we will use the contact addresses you provide us.
Exist’s website may contain third-party links. Any link found on our website does not constitute endorsement, recommendation, or approval by Exist. Any and all website or application usage on any other website is subject to their own policies and agreements.
Files and emails may be contaminated.
Exist cannot and does not guarantee that downloadable files and emails from the Exist website will be virus free and/or will not destroy your computer data. We do not assume responsibility for your computer or its files.
You may not assign the terms of this Agreement.
You may not assign any rights or obligations under this Agreement without Exist’s prior written consent. Exist may assign all or part of this Agreement.
This Agreement survives expiration.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
Entire Agreement; Amendment
This Agreement constitutes the entire agreement between you and Exist applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
Anything on the website inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
If you have any questions, concerns, or comments about this Agreement, you may contact us at:
Exist Centers, LLC
580 Broadway Street, 301
Laguna Beach, CA 92651